City Council Minutes 10/03/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 10/03/2000 Meeting Rancho Palos Verdes City Council Minutes 10-03-00

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

OCTOBER 3, 2000

The meeting was called to order at 6:00 P.M. by Mayor Byrd at Fred Hesse Community Park, 29301 Hawthorne Boulevard and was immediately recessed to a closed session per the Brown Act Checklist. At 7:07 P.M. the meeting reconvened. After the Pledge of Allegiance, roll call was answered as follows:

PRESENT:Lyon, McTaggart, Stern, and Mayor Byrd

LATE ARRIVAL:Councilwoman Ferraro at 7:12 P.M.

Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Deputy Director of Planning, Building, and Code Enforcement Dave Snow; Senior Administrative Analyst Lauren Ramezani; Sr. Administrative Analyst Gina Park; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

RECYCLING DRAWING:

There was no winner from the last drawing. Another two cards were selected.

At 7:12 P.M., Councilwoman Ferraro arrived at the meeting.

APPROVAL OF AGENDA:

Mayor Byrd suggested that the Redevelopment Agency meeting be held at approximately 8:00 P.M. for the presentation by Dr. Robert Douglas and Dr. Chris Hill.

Mayor Pro Tem Lyon moved, seconded by Councilman Stern, to approve the agenda as amended. Motion carried.

Deputy City Clerk Drasco described additional information related to the Peafowl Study item and to the Public Works Department Software item which was distributed to the Council.

City Attorney Lynch explained that the Peafowl Service Agreement Amendment clarified that Dr. Francine Bradley was the consultant staff was recommending to conduct the peafowl study for the City.

APPROVAL OF CONSENT CALENDAR:

Lois Larue, 3136 Barkentine Road, stated that the register of demands was hard to understand and that the Planning Commissioners should receive an increase in their expense allowance instead of the Council.

Robert Lusian, 32735 Seagate Drive, Unit G, discussed Ordinance No. 360 and Resolution No. 2000-63 regarding the property at 42 Seacove Drive, summarized his thoughts about the approvals. He said that he had photographs which were not available at the last hearing and he had not realized that the Council had made a decision at the last Council meeting regarding this project.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem Lyon, to approve the Consent Calendar as follows:

Motion to waive full reading

Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title.

Claim Against the City by Brett and Suellen Walker (301 x 303)

Rejected the claim and directed the City Clerk to notify the claimant.

Acceptance of the Various Bonded Improvements Associated with the Development of Tract 46651 (Seabreeze) (1204)

(1) Accepted as complete the bonded improvements, as outlined in the staff report, in accordance with the subdivision agreement for Tract 46651 with Rancho Palos Verdes, L.L.C. c/o Pacific Heritage Homes, Inc.

(2) Approved the reductions of the various faithful performance bonds, in accordance with subdivision agreement, as outlined in the staff report.

(3) Authorized the City Clerk to inform the bonding company of the partial reductions of the various faithful performance bonds.

(4) Approved a License Agreement and Encroachment Permit with the homeowner’s association known as the Seabreeze Palos Verdes Maintenance Corporation for maintenance of the entry median and roadway paving stones and authorize the Mayor and City Clerk to execute the Agreement.

Ordinance No. 360 and Resolution No. 2000-63 - Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164 and Zone Change No. 29; 42 Seacove Drive (1203 x 1801)

(1) ADOPTED ORDINANCE NO. 360, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE CITY’S OFFICIAL ZONING MAP WITH THE SEAWARD ADJUSTMENT OF THE COASTAL SETBACK LINE TO THE TOP OF THE BLUFF. (2) ADOPTED RESOLUTION NO. 2000- 63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS CONDITIONALLY APPROVING THE DEMOLITION OF AN EXISTING 5,283 SQUARE FOOT SINGLE-FAMILY RESIDENCE FOR THE CONSTRUCTION AND RELATED GRADING, OF A NEW 9,244 SQUARE FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 42 SEACOVE DRIVE.

Resolution No. 2000-64 - Appeals (York and Strauss) of Conditional Large Domestic Animal Permit No. 1 (1203 x 1808)

ADOPTED RESOLUTION NO. 2000-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS UPHOLDING THE STRAUSS APPEAL AND DENYING THE YORK APPEAL, AND THEREBY OVERTURNING THE EQUESTRIAN COMMITTEE’S DECISION TO CONDITIONALLY LARGE DOMESTIC ANIMAL PERMIT NO. 1.

Resolution No. 2000-65 - Update to the City’s Conflict of Interest Code – Amendment to Designated Positions and Legislative Changes (301 x 1202)

ADOPTED RESOLUTION NO. 2000-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO. 97-22.

August 2000 Treasurer’s Report (602)

Received and filed.

Resolution No. 2000-66 - Register of Demands (602)

ADOPTED RESOLUTION NO. 2000-66, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.

The motion to approve the consent calendar carried on the following roll call vote:

AYES:Ferraro, McTaggart, Lyon, Stern, and Mayor Byrd

NOES:None

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REGULAR BUSINESS:

Fiscal Year 2000-2001 Diversion Program Additions (1204 x 1301)

Senior Administrative Analyst Ramezani presented the staff report of October 3, 2000 and the recommendation to:

(1) Consider the recommendations proposed by staff to improve residential solid waste diversion.

(2) Consider the recommendations proposed by staff to improve non-residential solid waste diversion.

(3) Authorize the Director of Public Works to carry out the programs in the fiscal year 2000-2001.

Council discussion centered on the importance of receiving input from businesses, particularly those which are significant waste generators; and, determining the diversion programs that businesses may already have in place.

Jaime Lazano, Huls Environmental, described the city of Carson’s experience with the audit program. He said that there are businesses which have found diversion to be profitable; that businesses sometimes work together to reduce time to research diversion methods; that some businesses are composting and others are diverting excess food to the homeless through non-profit organizations; and, that some grocery stores are sending cardboard boxes back to a central location so there is no credit to the City for this "backhauling" but that there are methods to quantify this for extrapolation.

Council discussion focused on paper recycling at schools; means to educate families about diversion through the schools; methods of determining percentages of trash, green waste, and recycling; the appropriateness of using the Solid Waste Fund for diversion program expenses; the unnecessary expense to residents to have only a licensed hauler take construction debris to a dump site; an alternative requirement that contractors provide a receipt from dump sites before a final building permit is issued; the fact that some residential improvements do not require a building permit; and, the separation of construction debris that is sometimes required for recycling.

Dale Hanks, 5225 Middlecrest Road, said that he hires tree trimmers twice a year and hoped that a process could be established so that the City could obtain credit for major yard cleanups such as this.

Additional Council discussion centered on the possibility of providing a chipper and dumpsters at City Hall for residents and their gardeners to divert green waste. It was noted that the contract with Waste Management provides that dumpsters at City Hall are emptied free of cost and that the city of Rolling Hills Estates is currently using chippers as they trim trees and placing the chips in medians.

Upon completion of Council discussion of each staff recommendation, Councilman McTaggart moved, seconded by Councilman Stern to:

(1) Approve all staff recommendations to improve residential solid waste diversion.

(2) Approve, reject, or change staff recommendations to improve non-residential solid waste diversion recommendations as follows: approve issuing notices of non-extension to all non-residential haulers; direct staff to prepare an ordinance to assess monetary penalties on non authorized non-residential haulers; approve apprising contractors as to the availability of Chandlers Inert Landfill; direct staff to contact 62 businesses to begin the audit process and report back to the Council; approve combining NPDES on-site stormwater related inspections with recycling inspections and public education; reject the mandate that removal of debris from construction and demolition sites shall be performed only by licensed haulers; approve increased public education at schools; approve the requirement that to be eligible for a beautification grant, a school must have a paper recycling program in place; and, approve an audit of non-residential haulers’ records on a contingency basis.

(3) Authorize the Director of Public Works to carry out the programs in the fiscal year 2000-2001. Motion carried

RECESS & RECONVENE: Adjourned to RDA meeting at 8:23 P.M. and reconvened the City Council meeting at 9:10 P.M.

AUDIENCE COMMENTS:

Lois Larue, 3136 Barkentine Road, expressed interest in the process to set term limits for Councilmembers.

Peafowl Population Assessment Service Contract (1101 x 104)

Sr. Administrative Analyst Park presented the staff report of October 3, 2000 and the recommendation to approve execution of the professional services agreement with the University of California Davis for Dr. Francine Bradley, poultry specialist, to assess the peafowl population, provide information on peafowl behavior to the community, and recommend population control options for the City. She noted that an amended agreement had been distributed to the Council prior to the meeting.

Councilman Stern moved, seconded by Councilman McTaggart to adopt staff recommendation with the amended agreement.

The motion carried on the following roll call vote:

AYES:Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES:None

FAA Aviation Noise Abatement Policy 2000 (1101 x 1505)

Sr. Administrative Analyst Park presented the staff report of October 3, 2000 and the recommendation to consider endorsing a letter of comments on the FAA Aviation Noise Abatement Policy prepared by Chevalier, Allen & Lichman on behalf of the City.

Council discussion focused on the acceptability of the letter except for references to specific problems Rancho Palos Verdes residents have had, specifically noise from turbo prop aircraft; the suggestion that the Mayor sign this letter but that an additional letter be prepared by staff and signed by the Mayor listing the City’s additional, more specific complaints. It was argued, however, that an attorney should compose the letter.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem Lyon, to endorse the letter prepared by Chevalier, Allen & Lichman and to have staff compose an additional letter for the Mayor’s signature addressing Rancho Palos Verdes' specific aircraft noise problems. Motion carried.

Proposed Acquisition of the Tidemark Solutions Permit Tracking System (1203 x 602)

Deputy Planning Director Snow presented the staff report of October 3, 2000 and the recommendation to:

(1) Proceed with the acquisition of the Tidemark Solutions permit tracking system.

(2) Postpone historical permit input, treating it as a separate, future work effort.

(3) Implement a $3.00 data processing fee on all permits.

(4) Authorize the Mayor and the City Clerk to execute the necessary license and services agreement.

Council discussion centered on inputting old data from permits for an address when a permit is requested for that address to provide a complete history within the computer file; the increase of the $3 fee to $13 to cover staff time for inputting this additional data; and, the travel expense of the contractor which was included in the agreement

Mark Ronsen, Tidemark Solutions, regarding the travel expense for his company representative, he pointed out the savings in time and expense since their company would bring the training to City staff instead of the reverse. He also named cities which have been pleased with their software.

Additional Council discussion focused and Council then directed staff to bring back a fee resolution to include the $13 or another more accurate amount to cover staff time for inputting data.

Mayor Pro Tem Lyon moved, seconded by Councilman Stern to:

(1) Proceed with the acquisition of the Tidemark Solutions permit tracking system.

(2) To not postpone historical permit input, but instead to enter an entire address file’s permit tracking history whenever a new permit issued for the property.

(3) Implement a $3.00 data processing fee on all permits.

(4) Authorize the Mayor and the City Clerk to execute the necessary license and services agreement.

(5) Bring back a fee resolution to increase the fee to $13.00 or another more accurate amount to cover staff time for inputting data.

Purchase of Software and Support Service to Automate the Maintenance Activities of the Public Works Department (1204 x 602)

Director Allison presented the staff report of October 3, 2000 and the recommendation to:

(1) Authorize the Mayor and the City Clerk to execute a purchase agreement with CarteGraph, Inc. for an amount not to exceed $18,600 for software, support and related services.

(2) Authorize the Mayor and the City Clerk to execute an agreement with PV on the Net for an amount not to exceed $5,000 for services for installation of new software and for training.

At 9:45 P.M., Mayor Pro Tem Lyon left the meeting.

Council discussion centered on the current method of receiving and tracking service requests and the improved service to residents, efficiency and reduced costs which would be experienced using the proposed software.

Council directed staff to provide additional information regarding the software such as the length of time the company has been in business and their dependability; scheduling a demonstration; a comparison with other types of similar software; other cities using this software; the length of time the software could be used before upgrades were necessary; costs of upgrades; technical support from the company; and, the software’s compatibility with Arc View, a mapping program which would enable to City to show street construction areas on the City’s web site.

Council consensus was to continue this item to November 8 to review this additional information.

Resolution No. 2000-68 - Palos Verdes Drive East and Bronco Drive Storm Drain Project (1204 x 604)

Director Allison presented the staff report of October 3, 2000 and the recommendation to:

(1) Authorize staff to move forward with construction of the Palos Verdes Drive East and Bronco Drive Storm Drain project with Excel Paving Company, by force account.

(2) Authorize an increase to Excel Paving Company’s contract by $355,000 for a total authorization of $996,000 to be paid by force account procedures.

(3) Approve an amendment to Merit Civil Engineering, Inc., professional service agreement for design, contract administration, and construction of the Palos Verdes Drive East and Bronco Drive Storm Drain Project by $20,000 for a total authorization under this agreement of $72,900.

(4) Adopt the proposed resolution for a Budget Adjustment to the City’s Capital Improvement Projects Fund.

Council, staff and the City Attorney Lynch discussed the risks of increased costs associated with underground construction and options available for this particular constructions which included negotiating a higher unit price, using a force account, or request new bids and apprise all bidders of the circumstances.

Council discussion focused on two possible means of determining underground conditions before construction begins, drilling exploratory holes and using ultrasound, and directed staff to investigate the possibility of these methods.

Councilman Stern moved, Councilwoman Ferraro seconded, to:

(1) Authorize staff to move forward with construction of the Palos Verdes Drive East and Bronco Drive Storm Drain project with Excel Paving Company, by force account.

(2) Authorize an increase to Excel Paving Company’s contract by $355,000 for a total authorization of $996,000 to be paid by force account procedures.

(3) Approve an amendment to Merit Civil Engineering, Inc., professional service agreement for design, contract administration, and construction of the Palos Verdes Drive East and Bronco Drive Storm Drain Project by $20,000 for a total authorization under this agreement of $72,900.

(4) ADOPT RESOLUTION NO. 2000-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS FOR A BUDGET ADJUSTMENT TO THE CITY’S CAPITAL IMPROVEMENT PROJECTS FUND. (5) Directed staff to investigate means of surveying underground conditions for future projects of this type.

The motion carried on the following roll call vote:

AYES:Ferraro, McTaggart, Stern, and Mayor Byrd

NOES:None

ABSENT:Lyon

Resolution No. 2000- 68 - Agreement with the City of Palos Verdes Estates for the Construction of Storm Drain Improvements (1204 x 604)

Director Allison presented the staff report of October 3, 2000 and the recommendation to:

(1) Authorize the Mayor and the City Clerk to execute an agreement with the City of Palos Verdes Estates for the construction of storm drain improvements.

(2) Adopt the proposed resolution transferring $735,000 from the General Fund Reserve to the Capital Improvement Fund and Increasing Budgeted Appropriations in the Capital Improvement Projects Fund.

Lois Larue, 3136 Barkentine Road, objected to the use of the phrase "…and other Acts of God" in this agreement and other documents.

Council discussion centered on checking the references and investigating the history of companies bidding for City contracts and how this particular contract, which includes involvement also with the City of Palos Verdes Estates was handled.

Councilman Stern moved, seconded by Councilwoman Ferraro, to:

(1) Authorize the Mayor and the City Clerk to execute an agreement with the City of Palos Verdes Estates for the construction of storm drain improvements.

(2) ADOPT RESOLUTION NO. 2000-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES TRANSFERRING $735,000 FROM THE GENERAL FUND RESERVE TO THE CAPITAL IMPROVEMENT FUND AND INCREASING BUDGETED APPROPRIATIONS IN THE CAPITAL IMPROVEMENT PROJECTS FUND.

The motion carried on the following roll call vote:

AYES:Ferraro, McTaggart, Stern, and Mayor Byrd

NOES:None

ABSENT:Lyon

Letter Requesting Los Angeles World Airports (LAWA) to Grant a 180-day Review Period for the Draft LAX Master Plan EIR/EIS (1101 x 1505)

Councilman McTaggart presented the staff report of October 3, 2000 and the recommendation to approve the proposed letter and authorize the Mayor to sign on behalf of the City Council.

Councilman McTaggart moved, seconded by Councilman Stern to authorize the Mayor to sign on behalf of the Council the proposed letter to grant a 180-day review period for the draft LAX Master Plan EIR/EIS. Motion carried.

CLOSED SESSION REPORT:

City Attorney Lynch reported that no action was taken on the Conference with the Real Estate Negotiator with York Long Point Associates and Destination Resorts. She reported that the Council unanimously directed staff to pursue the possibility of purchasing certain property for open space by commencing negotiations with Mr. Hon for Parcel 4. She also reported that no action was taken on the anticipated litigation with Ocean Trails.

ORAL CITY COUNCIL REPORTS:

Councilwoman Ferraro stated that she attended a California Contract Cities conference in Morro Bay regarding trash, diversion, recycling, and water. She said that she would provide details at a future meeting.

ADJOURNMENT: Adjourned at 10:15 P.M. to the community Leaders’ Breakfast on Saturday, October 7, 2000 at 9:00 A.M. on motion of Mayor Byrd.

 

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MAYOR
ATTEST:

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CITY CLERK

 

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